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Civil · Reportable judgment

Case Details South Eastern Coalfields Ltd vs State of Madhya Pradesh & Ors.

Court
Supreme Court of India
Date
21 September 2023
Case No.
Civil Appeal Nos. 84-85 of 2016
Result
Dismissed
Bench
D.Y. Chandrachud, J.B. Pardiwala, Manoj Misra
Citation
[2023] 12 S.C.R. 767 : 2023 INSC 865
Supreme Court Reports [2023] 12 S.C.R. 767 : 2023 INSC 865
Issue for consideration
Whether the High Court was justified in rejecting the challenge raised by the owner of coal mining colliery in Madhya Pradesh as regards the levy of terminal tax within the limits of the Municipal Council.
Headnote

Constitution of India – Art. 244(1), 243-X, 243-ZC, Fifth Schedule Paragraph 5 – Law applicable to Schedule Area – Terminal tax – Levy of, within the limits of the Municipal Council – Challenge to, by the owner of coal mining colliery in Madhya Pradesh – Rejected by the High Court on the ground that the land from where the owner carried out its coal mining operations fell within the limits of the Municipal Council which had power to levy the terminal tax; and that no exceptions notified to the power of the Municipal Council under the Constitution – Correctness:

Held: Paragraph 5(1) of the Fifth Schedule enables the Governor to direct either that a parliamentary or state law shall not apply to a Scheduled Area in the State or that it would apply subject to exceptions and modifications – Thus, unless a notifi cation has been issued by the Governor indicating that a parliamentary or State law shall have no application to the Scheduled Area; or the parliamentary or State legislation would apply subject to exceptions or modifi cations, there would be no hindrance in the application of the law to the State – Furthermore, the inapplicability of Art. 243X wherein the legislature of the State may authorise the Municipality to levy taxes, did not denude the State legislature to enact legislation for the State – No such notification produced before the High Court nor this Court other than the notification of 2003 specifying the Scheduled Areas – In view thereof, the conclusion of the High Court cannot be faulted – Madhya Pradesh Municipal Corporation Act 1956 – Madhya Pradesh Municipalities Act 1961 – Terminal Tax (Assessment and Collection) on the Goods Exported from Madhya Pradesh Municipal Limits Rules 1996 – r. 2(c). [Paras 13 and 16]

LIST OF CITATIONS AND OTHER REFERENCES

Central India Spinning and Weaving & Manufacturing Co. Ltd. The Empress Mills, Nagpur v. The Municipal Committee, Wardha 1958 SCR 1102 – referred to.

OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

CASE DETAILS SOUTH EASTERN COALFIELDS LTD v. STATE OF MADHYA PRADESH & ORS (Civil Appeal Nos. 84-85 of 2016) SEPTEMBER 21, 2023 [DR. DHANANJAYA Y CHANDRACHUD, CJI, J. B. PARDIWALA AND MANOJ MISRA, JJ.] HEADNOTES Issue for consideration: Whether the High Court was justified in rejecting the challenge raised by the owner of coal mining colliery in Madhya Pradesh as regards the levy of terminal tax within the limits of the Municipal Council. Constitution of India – Art. 244(1), 243-X, 243-ZC, Fifth Schedule Paragraph 5 – Law applicable to Schedule Area – Terminal tax – Levy of, within t
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